From: Lena Karamanidou

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Dear European Border and Coast Guard Agency,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
1. The mandate of Frontex operational activities at the Greek-Turkish land border, i.e. in the Greek administrative region of East Macedonia and Thrace, since 01 January 2015 and any changes thereto, including operational planning documents and any other documents relating to operational procedures.
2. The number of Frontex personnel deployed at Greek-Turkish land border per month between 01 October 2017 and 31 October 2018. Please specify per month sending member state, mandate, role, and which police directorate they are attached to (e.g. Alexandroupoli, Orestiada).
3. Any information relating to the technical equipment (vans, thermal cameras, etc) used by Frontex and Greek authorities in joint operations at the Greek-Turkish land border between 01 October 2017 and 31 October 2018;
3a. Information on whether the technical equipment is owned by FRONTEX or leased/on loan from member states; which member states it is leased/on loan from, for how long, and the personnel that is accompanying the technical equipment.
4. The training manual/guidance/standards of procedure given to Frontex personnel deployed at the Greek Turkish land border, specifically as to the required steps taken should a third country national expresses their intention to seek asylum.
5. The number of joint return operations through the Greek-Turkish land border per month between 01 October 2017 and 31 October 2018 under the Bilateral Greek-Turkish Readmission Agreement (Greek Law 3030/2002) and the agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation, in which FRONTEX has been assisting the Greek authorities through its personal or seconded staff employed, the mandate under which the return or readmission operations take place, the exact nature of involvement of Frontex personnel, and any information relating to the nationality of the return persons per month in the above mentioned period.
5. Reports on push-backs across the Evros river that were conveyed to the Agency Frontex personnel deployed the Greek-Turkish land border, by persons who have experienced or witnessed push-backs, or received by independent agencies or individuals, and which independent agencies or individuals they were received from, each month between 01 October 2017 and 31 October 2018 or if they cannot be made public, their exact number and a summary of the alleged violations.
By push-packs, I refer to returns effected outside the framework of the Bilateral Greek-Turkish Readmission Agreement (Greek Law 3030/2002); the agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation, Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, and have been reported, inter alia, by the Greek Council for Refugees and IRIN.
6. Reports, or if they cannot be made public, their exact number, on violence witnessed by Frontex personnel deployed at the Greek- Turkish land border, by persons who have experienced or witnessed violence, or received by independent agencies, and which independent agencies they were received from, each month between 01 October 2017 and 31 October 2018.
7. Any documents or report pertaining to actions and steps taken by Frontex as a consequence of incidents of push-backs and/or violence between 01 October 2017 and 31 October 2018.
8. All official correspondence and/or internal notes or position papers in regard to alleged push-backs and incidents of violence at the Greek Turkish border between 01 October 2017 and 31 October 2018.
9. Documents pertaining to the exact mechanism for victims of abuses to file a complaint to Frontex officers deployed at the Greek-Turkish land border.

Please do not hesitate to contact me if you need any clarification regarding this request.

From: PAD
European Border and Coast Guard Agency

November 12, 2018

We would like to inform you that pursuant to Article 2(1) of Regulation
(EC) No 1049/2001 of the European Parliament and of the Council of 30 May
2001 regarding public access to European Parliament, Council and
Commission documents, the right of access to documents is granted to a
citizen of the Union, and any natural or legal person residing or having
its registered office in a Member State.

To confirm that you are invested in the right of access to the documents
applied for, it is necessary to provide a proof of identification.

1. Preferably:

Please submit your request as an email attachment in the formats Pdf,
ASICE, ADOC, BDOC, EDOC and signed electronically through a qualified
e-signature in line with the eDIAS Regulation (Regulation (EU) No 910/2014
of 23 July 2014 on electronic identification and trust services for
electronic transactions in the internal market).

2. Alternatively:

• For natural persons: Please provide an ID card/passport/residence permit
in the EU;

• For legal persons: kindly submit the registration of your entity in an
EU Member State and a proxy authorizing you to act on behalf of this
entity.

DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.

From: Lena Karamanidou

I am not comfortable uploading documents containing personal data on a public website but am happy to provide you with a scan of my passport when I receive the redacted email address from the asktheEU team. I have already emailed them regarding this.

From: Lena Karamanidou

Thank you for informing me that the response to my application is delayed and that you will endeavour to provide me with the documents requested as soon as feasible.
I would appreciate it if you used the asktheeu platform when responding to my request.
Yours sincerely,
Lena Karamanidou

From: Question
European Border and Coast Guard Agency

January 08, 2019

Please be informed that Frontex Media and PR Office took over your request
from November 20, 2018 as far as the following questions are concerned, as
these are related to request for information:

1. Please specify all operations under which Frontex personel, seconded
national experts, Frontex equipment or equipment under loan/lease from MS
are currently deployed in the aforementioned region

5. The training manual/guidance/standards of procedure given to Frontex
personnel deployed at the Greek Turkish land border, specifically as to
the required steps taken should a third country national expresses their
intention to seek asylum.

11. Documents pertaining to the exact mechanism for victims of abuses to
file a complaint to Frontex officers deployed at the Greek-Turkish land
border.

DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.

www.frontex.europa.euPlac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

www.frontex.europa.euPlac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

www.frontex.europa.euPlac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

www.frontex.europa.euPlac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

www.frontex.europa.euPlac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

From: Question
European Border and Coast Guard Agency

January 11, 2019

1. Please specify all operations under which Frontex personel,
seconded national experts, Frontex equipment or equipment under loan/lease
from MS are currently deployed in the aforementioned region.

Technical equipment and officers currently deployed at the Greek-Turkish
land border take part in the following operations: Joint Operation
Flexible Operational Activities 2018 on Border Surveillance, Joint
Operation Focal Points Land and Joint Operation Flexible Operational
Activities 2018 Land on Border Checks.

5. The training manual/guidance/standards of procedure given to Frontex
personnel deployed at the Greek Turkish land border, specifically as to
the required steps taken should a third country national expresses their
intention to seek asylum.

During the operational briefing on the first day of their deployment
within Frontex operations, all Team Members receive the following
materials on the asylum procedure prepared by EASO and Frontex. The tools
on the access to asylum procedure, referral procedures are described in
operational plans and are part of the briefing. All the above mentioned
documents are available on our website.

• Practical Guide - the guide information about the core
obligations of the first-contact officials, the rights of persons in need
of international protection and information on the procedural guarantees
and support that is provided in the first-contact context.

11. Documents pertaining to the exact mechanism for victims of abuses to
file a complaint to Frontex officers deployed at the Greek-Turkish land
border.

According to Article 72 of European and Border Coast Guard Regulation EU
REG 1624/2016, the Agency sets, in cooperation with the Fundamental Rights
officer, a complaints mechanism to monitor and to ensure the respect for
fundamental rights in the operational areas where the activities of the
agency are implemented. Complaints mechanism is the Annex to the
Operational Plans and is a part of the operational briefing. Booklets,
posters, leaflets, hard copies of the complaint forms as well as the
privacy statements are available and accessible to everyone in operational
areas. All relevant documents are available in our website at:
[1]https://frontex.europa.eu/contact/lodge-...

DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.

Please be informed that Frontex Media and PR Office took over your request
from November 20, 2018 as far as the following questions are concerned, as
these are related to request for information:

1. Please specify all operations under which Frontex personel, seconded
national experts, Frontex equipment or equipment under loan/lease from MS
are currently deployed in the aforementioned region

5. The training manual/guidance/standards of procedure given to Frontex
personnel deployed at the Greek Turkish land border, specifically as to
the required steps taken should a third country national expresses their
intention to seek asylum.

11. Documents pertaining to the exact mechanism for victims of abuses to
file a complaint to Frontex officers deployed at the Greek-Turkish land
border.

From: Lena Karamanidou

Many thanks for the documents provided in response to my FOI request 'Frontex operations and incidents of push-backs at the Greek Turkish border'

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Frontex operations and incidents of push-backs at the Greek Turkish border'.

There are four reasons why I file this confirmatory application and request Frontex to revise its decision:

1. I believe Frontex holds documents which it claimed it does not have in their reply to my request. Documents falling within the scope of points 7-9 (pertaining to pushbacks in Greece) have been released in response to other freedom of information requests. More specifically, it has released the following types of documents concerning alleged pushbacks in Evros between 2015 and 2018 in the following freedom of information requests:
• Serious Incident Reports in the following FOI:
SIRs Luisa Izuzquiza 8 August 2018
https://www.asktheeu.org/en/request/sirsSIR no 48, 341

• Frontex Fundamental Rights Reports in the following FOI:
Documents on Frontex Consultative Forum on Fundamental Rights filed by Arne Arne Semsrott on 2 August 2018
https://www.asktheeu.org/en/request/docu...Documents no. 18, 36, 48, 56. Please note that document no. 56 makes reference to two incidents of alleged pushbacks in the Evros region, yet it was not provided under the this FOI request.

• Minutes of the Consultative Forum on Fundamental Rights in the following FOI:
Documents on Frontex Consultative Forum on Fundamental Rights filed by Arne Arne Semsrott on 2 August 2018
https://www.asktheeu.org/en/request/docu...

Please note that document no 16 (minutes of the 16th Frontex Consultative Forum Meeting on the 17 May 2018) falls with the chronological scope of my request, refers to pushbacks in Evros and yet it was not provided.
Further, in a similar FOI request concerning Hungary, PAD released serious incident reports on pushbacks and communications with government and EU bodies:
https://www.asktheeu.org/en/request/oper...

In addition, at least three reports (1) with testimonies alleging pushbacks and violence were published in 2018 in addition to a preliminary report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (2), a report by the Commissioner for Human Rights of the Council of Europe (3) and a statement by the Fundamental Rights Agency (4) .

I therefore ask Frontex to reconsider its claim that it has no relevant documents concerning communications and reports on alleged pushbacks incidents in the Evros region, and provide, in response to the consultative review request, the following documents I requested in the original FOI:
a. Serious Incident Reports concerning allegations of Pushbacks in the region of Evros
b. Consultative Forum of Fundamental Rights Minutes
c. Fundamental Rights Officer reports to Management board
d. Any communications between Frontex, the Hellenic Police, the Greek government and relevant ministries
e. Any Communication between Frontex and NGOs
f. Any communication between Frontex and the Fundamental Rights Agency.

In relation to point 6 (involvement in joint return operations), please clarify whether such documents do not exist because a) such operations did not take place or b) documents regarding such operations do not generally exist.

2. Frontex has provided incomplete information in relation to Point 2 of my request. It has not provided operational plans for the year 2018. According to information provided by the press office, Frontex was involved in the following operations in the Greek-Turkish Border in 2018:
Joint Operation Flexible Operational Activities 2018 on Border Surveillance
Joint Operation Focal Points Land
Joint Operation Flexible Operational Activities 2018 Land on Border Checks.
I request that Frontex provides the Operational Plans for these activities.

3. In relation to points 3 and 4, I request that Frontex reconsiders its refusal to provide the requested documents. The refusal was justified on the grounds of protecting the public interest as per Article 4(1)(a) of Regulation (EC) No 1049/2001, specifically citing potential benefit to trafficking and smuggling networks, and operational considerations. I would like to raise two points in support for my request for review. First, I am aware of, and have a copy of, a response to another FOI request whereby Frontex has provided a list of personnel and equipment, and their numbers, at another external border location. Secondly, insofar the locality of Evros is concerned, at least part of personnel and equipment are known to operate there and are visible in the course of their activities.

I would therefore question the security implications raised in the response to my FOI, as they do not demonstrate a foreseeable and more than purely hypothetical harm, and request that FRONTEX provides at least a summary of personnel and equipment as suggested above. As a compromise, I would accept that such information is released to me privately rather than publicly. In case you insist on the refusal to release the requested documents in grounds of protecting the public interest as per Regulation (EU) No 1049/2001 Art. 4 1. (a), I request a detailed explanation 1) how you have arrived at this decision, 2) how that decision takes into account the provision of No. 2 of the aforementioned article, i.e. why there is not an overriding public interest in disclosure, and 3) why not even parts of the requested documents can be released as per No. 6 of the aforementioned article.

4. In relation to both points 3, 4, 7 and 8 I request that Frontex reconsiders its reply on the grounds of public interest. My request concerns human rights issues raised by allegations of push-backs in the Greek Turkish border. Regulation 2016/1624 on the European Border and Coast Guard states that Frontex

'shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter, relevant international law — including the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol thereto and obligations related to access to international protection, in particular the principle of non-refoulement (Article 34')

and that

'the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to, or otherwise handed over or returned to, the authorities of a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle (Article 34, par 2)'

Pushbacks are illegal returns that violate the Geneva Convention Relation to the Status of Refugees, in particular the principle of non-refoulement, the Charter of Fundamental Rights and the European Convention of Human Rights. There are extensively documented allegation of pushbacks in the Evros area (see links) that have taken place while Frontex teams were deployed.

I argue that the release of documents requested pertains to public interest insofar it concerns the Agency’s human rights obligations as stipulated by Regulation 2016/1624, and the complaints and oversight mechanisms provided for by the Regulation. I therefore argue, in line with European Commission guidance (5) , that the public interest of disclosure is greater than the non-evidenced potential harm in relation to this request.

From: PAD
European Border and Coast Guard Agency

January 29, 2019

As your confirmatory application (CMS-2019-00001-0980) falls under the
regime of Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents, we will now commence the processing of
your application and will reply within 15 working days.

DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.

From: PAD
European Border and Coast Guard Agency

February 15, 2019

Please be informed that due to the volume of documents we have to review
pertaining to your confirmatory request, we have to extend the deadline by
15 working days, in accordance with Article 8(2) of Regulation (EC) No
1049/2001.

Nonetheless, we will do our best to provide you with the answer as soon as
feasible.

Thank you very much for your understanding. Please do not hesitate to
contact us with any question you may have.

DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.

As your confirmatory application (CMS-2019-00001-0980) falls under the
regime of Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents, we will now commence the processing of
your application and will reply within 15 working days.

DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.

Please be informed that due to the volume of documents we have to review
pertaining to your confirmatory request, we have to extend the deadline by
15 working days, in accordance with Article 8(2) of Regulation (EC) No
1049/2001.

Nonetheless, we will do our best to provide you with the answer as soon as
feasible.

Thank you very much for your understanding. Please do not hesitate to
contact us with any question you may have.

As your confirmatory application (CMS-2019-00001-0980) falls under the
regime of Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents, we will now commence the processing of
your application and will reply within 15 working days.